Excusal of Ferguson v. Marshall

OPINION

Opinion delivered by

CADMAN, Associate Justice.

The certified question before this Court is whether the Chief Justice of the Navajo Nation can invoke his administrative authority to dismiss a district judge from a case she is presiding over without any party requesting her disqualification. We hold that the Chief Justice erred in this matter.

I

On February 19,1997, the case of Tome, et al. v. Marshall, et al., No. SR-CV-67-95, was pending in the Shiprock District Court. Prior to that date, the Petitioner, who was then presiding judge in that court, heard various proceedings and made…